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PROPOSED AMENDMENTS
TO THK
Constitution of the State of California.
l de LcgieelHtiii < <•< the Stale ot Cali
fornia, at it* Twentieth Nesaton,
propone* the following amend
ment?* *« tbe Constitution of said
State:
Amend Article l of Mid Constitution to read
a.s follows:
Section I. All men are i>y nature free and
independent, and have certain Inalienable
rights,among which are those of enjoying and.
defending life anil liberty; acquiring,possess
ing and protecting property ,und pursuing and
obtaining safety and happiness.
BSC. 2. All political power Is inherent in the
people. Government is instituted Ibr the pro
tection.. security and bcnelll Of the people.and
they have the right to alter or reform the
same whenever the public good may require
it.
Skc. :>. The right of trial by Jury shall be se
cured to all, and remain inviolate forever;
but a jury trial may be waived by the parties,
jn all civil cases, in the manner to be pre
scribed by law. lv civil case*, if three-fourths
agree upon a verdict, it shall be taken as the
verdict of the jury.
NEC 4. The free exercise and enjoyment ol
religious profession and worship, without dis
crimination or preference, ■ball forever be
allowed in this State; and no person shall lie
i incompetent to be v witness on ac
count of his opinions on matters of religious
belief; but Die liberty of conscience hereby
secured shall not be .so construed a.s to excuse
acts of licentiousness, or justify practices In
consistenl with Eh* peace or safety of tins
state. •
Sec. & The privilege of lhe writ of habeas
corpus shall not be suspended, unless when,
incases of rebellion or Invasion, the public
safety may require its suspension.
Sec. ti. Excessive ball shall not be required,
nor excessive tines imposed; nor shall cruel
or unusual punishments be Inflicted; nor
shall witnesses be unreasonably detained.
Skc. 7. All persons shall be bailable by .suf
ficient sureties, unless lor capital offenses
when the prool is evident or the presumption
great,
BSC. S> No parson, without his written con
sent, shall beheld to answer for n capital or
otherwise infamous crime, .except 111 case:- Of
impeachment,and in cases of militia when in
actual service, and tlie land and naval loroes
in time of war, or which this State may keep,
with the consent of Congress,in lime of peace,
and in cases of pStH larceny, under the
regulation of the Legislature , unless on
presentment or IndicUncnl of a Grand
Jury; ami, iv any trial in any court
whatever, the party accused -hall be
allowed lo appear and defend, in per
son and with counsel,us in civil actions. The
Legislature may ilx, at nol less than twelve,
the number of Grand Jurors to form a panel,
or to find an indictment. No person shall be j
subject lobe twice put 111 jeopardy lor the
NHineoffen.se; nor shall he lie compelled, in
any criminal case, to lie a Witness against
himself; nor tie deprived of life, liberty, or
property, without due process of law; nor j
shall private property betaken or damaged
lor public use, without Just compensation
tlrsl made. Tiie present men! or indictment
mentioned iv this section may be amended
by the Court in matter ol form in such man
ner as lhe legislature may by statute pro
vide.
NEC. 9. Every citizen may freely speak,
Write and publish his sentiments on all sub
jects, being responsible forth* abuse of that
right; and no law shall be passed to restrain
or abridge the liberty Of speech orof the press,
ln all criminal prosecutions on indictments
lor libels, lhe truth may be given in evidence
to the jury; und if it shall appear to lhe jury
that the matter charged as libelous is true,
and was published with good motives and for
Juslitiable ends, the party shall be acquitted;
and the jury shall have the rival to deter
mine the Jaw and the (hot,
SBC. 111. The people shall have the right
freely lo assemble together to consult for the
common good, to iustrnet their Representa
tives, und to petition the Legislature for re
dress of grievances.
SK<.'. 11. All laws of a general nature shall
have a uniform operation upon the same
class of subjects.
Skc. li The military shall be subordinate
U> the civil power. No standing army shall
is-maintained by this Stale in time of peace.
SEC IS. No .soldier shall in lime of peace, he
quartered in any bouse, without the consent
of the owner; nor in lime of war except In
the manner to be prescribed by law.
Bsc. if. So person shall be Imprisoned for
itebtin any civil action, on mesne or final
process, uuless in cases of fraud; and no per
son shall be imprisoned for a militia line in
time of peace.
Skc. 15. No bill of attainder, ax post facto
law,or law impairing the obligation of con
tracts, shall lie passed.
SEC Hi. Foreigners who are or who may
hereafter become bona fide residents ol lhis
State, shall enjoy the MM rights In respect
to the possession, enjoyment and Inheritance
•of property as native born citizens,
Sec. 17." Neither slavery nor Involuntary
servitude, unless for the punishment of crime,
shall ever be tolerated in this State.
SKC. 18. The right of the people tone secure
in their persons, houses, papers and effects
against unreasonable seizures aud searches,
shall not be violated; and no warrant shall
issue, but for probable cause, supported by
oath or affirmation, particularly describing
the place to be searched and the persons and
Ihings to be seized.
Sec. 19. Treason against the State shall con
sist only in levying war against it, adhering lo
its enemies, or giving them aid and comfort.
No person shall be convicted of treason unless
on the evidence of two witnesses to the same
overt act, or confession In open Court.
Skc. 20. This enumeration of rights shall
not be construed lo impair or deny others re
tained by the people.
Amend Article II of said Constitution to
read as follows:
ARTICLE 11.
SIGHT Of SITKKAOK ANl> ELECTION*.
section 1. Every male citizen twenty-one
years of age, possessing the following qualifi
cations, shall be entitled to vote at all elec
tions:
1. He shall have been a citizen oltheUnited
States at least one month.
2. He shall have resided in the State six
months Immediately preceding ihc election.
3. He shall have resided In the election pre
cinct where he skull offer to vote one month
immediately preceding the election.
Sec. 2. No Idiot or insane person, or person
convicted of any infamous crime, shall be
entitled to the privileges of an elector.
Sec. It For the purpose of voting, no person
shall be deemed to have gained or lost a resi
dence by reason of his presence or absence
while employed in the service of tho United
States, uor while engaged In the navigation
of the waters of this State or of the Culled
States, or of the high seas; nor while a stu
dent at any seminary of learning; nor while
kept at any almshouse or other asylum at
public expense; nor while conlli cd in any
public prison; nor shall uuj pers-iii in lhe
military, naval or marine service ... ihe
United States, by reason of being stoloi.ed in
any military or naval station within the State
be considered a resident ol this sin c,
Skc. 4. No elector shall be obliged to per
form militia duty on the day of election, ex
cept In time of war or public danger.
SBC. 5. Electors shall, In all cases ex -ept
treason, felony or breach of the peace, be pri
vileged from arrest on the days of election,
during their attendance at such election, go
ing to aud returning therefrom.
Se< .6. The general election shall be held
ou the Tuesday next following Ihe Brat .Mon
day ln November, A. 1). one thousand eight
hundred and seventy-seven, and every two
years thereafter, unless the Legislature by
statute fix a different time.
Sec. 7. All elections by the people shall be
by ballot. All elections by persons in a rep
resentative capacity, shall be viva voce.
Sec. 8. A plurality of the votes given at any
election shall constitute a choice, where not
otherwise directed in this Constitution.
Sec. 9. Any person who shall give, or prom
ise or offer to give, to any elector, any money,
reward or other valuable consideration, for
his vote at an election, or for withholding the
same, or who shall give, or promise to give,
such consideration to any other person or
party lor such elector's vote, or for the with
holding thereof, and any elector who shall re
ceive, or agree to receive, for himself or lor
another, any money, reward or other valua
ble consideration, for his vote at an election,
or for withholding the same, shall thereby
forfeit the right to vote at such election; and
any elector whose right to vote shall be chal
lenged for such cause before the election offi
cers, shall be required to swear or affirm that
the matter of the challenge Is untrue, before
his vote shall be received.
Skc. 10th. Any person who shall, while a
candidate for office, be guilty of bribery,
fraud, or willful violation of any election law,
shall bo forever dlsquallfled.from holding an
office of trust or profit in this State; and any
person convicted of willful violation of the
election laws, shall. In addition to any pen
alty provided by law, be deprived of the right
of suffrage absolutely for a term of four years.
DAILY HERALD SUPPLEMENT.
Skc. 11. In trials ol contested elections and
proceedings tor the investigation of elections,
no person shall be permitted to withhold his
testimony upon any ground; but such testi
mony shall not afterwards be used against
him in any judicial proceeding, except for
perjury In giving such testimony.
Amend Article IV oi said Constitution to
read as follows:
ARTICLE IV.
1.1 .I:Ist,ATI VK lIKI'AKT.UEST.
*KfTfojf 1. The Legislative power of this
s i. c -hall he vested in a Senate and Asseßa
in v . winch »hßli lie designated the Legislature
in he win i oi California.
sm . • h - enacting clause ol every statute
shall i i : l i i Peofle.of the State ot Califor
nia, represented In Senate and Assembly, do
enact us follows:"
Skc. 8. The sessions of the Legislature shall
be biennial, and shall commence on the
Tuesday next after the first Monday of Janu
ary, in the year following the election of lis
members. No session shall continue longer
than one hundred and tweutj days.
BSC. 4. Members oi the Assembly shall lie
chosen biennially, at the g?nerul elee*tlon In
the year eighteen hundred and seventy-seven
and every two years thereafter, by the quali
fied electors of their respective Assembly
Districts; and their terms of office shall be
two years from the day of their electiwii.
Skc. 5. Senators shall be chosen at the same
time tinel place us members of the Assembly,
by the qualified electors of their respective
Senatorial Districts. The term or senators
shall be four years from the day ol their elec
tion.
Skc.B. Senators ami members ol the as
sembly shall be electors in Hie districts wliich
each shall represent respectively, and each
shall be a resident of hi* district lor one year
next before the election at which he shall be
chosen.
BSC. 7. The number of members of the
Senate shall be forty, and of the Assembly,
eighty. Alter the population ol the State ex
ceeds one million the Legislature may, by
statute, increase the number ol members of
the Assembly lo not exceeding one hundred
and twenty. When the number shall be In
creased, the rule of apportionment herein pre
scribed shall not apply to the excess over
eighty until each county In the State shall be
allowed one member of (he Assembly.
Skc. S. The Legislature,at its session In the
year eighteen hundred and eighty-two, must
divide the state into Senatorial Districts of
compact contiguous territory, us nearly equal
iv population as may be. At the next gencial
election Ihereulter, forty Senators shall lie
elected, one-half of whom .shall hold office for
the term of four years and the other half lor
the lei iv of two years, to be determined by lot
al lhe first session of the Legislature there
after.
skc. H. At ihe same time the Legislature
must divide the State into eighty Assembly
Districts of compact contiguous territory, us
nearly equal in population as may be.
Skc. 10. Informing a Congressional, Sena
torial or Assembly District, a county shall not
be divided so as to attach one portion of a
con nly to another county.
Skc. 11. The Senatorial and Assembly Dis
tricts formed in eighteen huudred and eighty
two must be changed and the representation
reapportioned by the Legislature in the year
eighteen hundred and nine-two, and every
ten years thereafter; and if any Legislature
upon wliich is devolved the duty of making
such change and reapportionment fails to per
form It, the Governor of the State.wlthin sixty
days after the adjournment of such Legisla
ture, must make such change and reappor
tionment and declare it by proclamation.
Skc. 12. Every apportionment shall be
based upon the number of votes cast at the
Presidential election which occurred next be
fore such apportionment.
Skc. 13. When vacuueies occur in either
House, the Governor shall Issue a proclama
tion calling an election to All the same, unless
a general election will Intervene between the
vacancy and tbe next, session of the Legisla
lure.
BSC, 14. The members of both Houses shall
in all cases, except for treason, felony, viola
tion of oat h of office, or surety of t he peace, be
privileged from arrest during the session of
the Legislature and for fifteen days before and
alter; and no member of either House shall
be punished criminally or be made to pay
damages for woids spoken In debate or speech
in such House.
Hkc. 15. Members of the Legislature and its
officers shall receive such salary, or per diem
and mileage, for regular and special sessions
us shall be previously fixed by statute, und no
other compensation whatever, whether for
services on committee or otherwise, shull be
allowed. No member of either House, or of
ficer or employee of either House, shall, dur
ing the term for which he may have been
elected or appointed, receive any increase of
salary or mileage under any law or resolution
passed during such term.
Skc. 18. The sessions of the Legislature
.shall be public, but either House may, by rule,
exclude from the floor of such House persons
other than its members.
Skc. 17. A majority of each House shall
constitute v quorum to do business, but a
smaller number may adjourn from day today
and may compel the attendance of absent
members in such manner and under such
penalties as it may prescribe.
Sec. 18. The Senate and Assembly respect
ively shall choose its own ottieers, judge of
the qualificai ions and election of its members,
have power to determine the rules of its pro
ceedings, to punish for contempt or disorderly
behavior in its presence, to enforce obedience
to its process, to protect Its members against
violence, to punish its members and others
for bribery or offers to bribe a member In the
discharge of his duties as such, with the con
currence of two-thirds to expel a member, but
not a second (ime for the same cause, and
shall have all other powers necessary for the
Legislature of a free State. A member ex
pelled for corruption shall not thereafter be
eligible to an election us a member of either
House, and punishment for bribery, contempt
or disorderly behavior,shall notbaran indict
ment for the same offense.
sec. 19. The Legislature shall provide, by
statute, for taking the testimony in contests
for seats in either House; such statutes must
prescribe that all testimony shall be taken
before the time fixed for the regular meetings
of the Legislature. All such contests must be
finally determined within one week after the
organization of the two Houses.
Skc. 20. The Legislature shall prescribe by
law the number, duties and compensation of
the officers and employees of each House, and
no payment shall be made from or anthoi ized
to be made out of the State Treasury for ser
vices connected with the sessions of Hie Leg
islature, unless such service be first author
ized and the compensation fixed by statute
Sec. 21. The Senate, at the beginning of lhe
regular sessions, and ut such other limes as
may be necessary, shall elect one of its
bers President pro tempore, who may preside
over the Sanute during the absence ol the
Lieutenant-Governor.
Skc. 22, Each House shall keep a journal
of its proceedings and publish the same.
Three members muy call for the yeas und
nays on any question, und when so culled the
vote of each member voting shall be recorded
in the journal.
Sec. 2;!. Any bill may originate iv either
House of the Legislature-, and all bills passed
by one House may be amended in the other.
Sec. 24. No bill shall be passed into a stat
ute until it has been printed in the House
where it originated, for tbe useof both Houses
and referred to and returned from a commit
tee In each House, and read once ut length In
each House.
Sec. 25. No statute shall embrace more
than one subject, and that shall bo expressed
in its title.
Sec. 28. No statute shall be amended by
refereuce to its title; but, In such case, the
statute or section amended shall be re-enacted
and published at length.
Skc. 27. Every bill which may puss the
Legislature shali, before 11. becomes a Statute,
be presented to the Governor, and such fur
ther proceedings hud thereon as provided ln
section fourteen of Article V of this Constitu
tion- . „,
Sec. 28. lotteries and the saleot lottery pol
icies or tickets within this Stute are unlawiul.
All lottery policies or tickets, or prises drawn
In lotteries within this State, are forfeited to
the State, to be recovered by action brought
iv the name of the People of the State by the
Attorney General.
Skc. 29. No person who shall have been, or
shall be convicted for embezzlement of pub
lic funds, or defalcation in any public office,
shall be eligible to any civil office of trustor
profit in this Stale; and the Legislature shull
pass statutes providing for the punishment of
such embezzlement and defalcation as a fel
ony.
Sec. 30. The Legislature shall not puss any
local or special statute authorizing the crea
tion, extension or impairing of Hens regula
ting the affairs of counties, cities, townships,
road or school districts; changing the names
of persons or places; changing the place of
trial in civil or criminal OMUSj authorizing
the laying out.openlng, altering or maintain
ing roads, highways, streets, alleys or sewers;
relating to ferries or bridges; vacating roads,
town plats, streets or alleys; relating to ceme
teries or other public grounds; authorizing
the adoption or legitimation of children; lo
cating or changing county seats; incorpora
ting towns or cities; for opening and conduct
ing elections, or fixing or changing places of
voting; granting divorces; confirming the
deeds or certificates of acknowledgment of
carried women;confirmingany void judicial |
proceeding, tax or assessment, or any giant
I led thereon; erecting new townships or |
other territorial divisions in H county; crea
ting offices, or prescribing the powers mid du
ties of officers In counties, cities, townships or
districts; changing the laws of succession or
descent ; regulating tic- practice or production
of, or rules of evidence In any Judicial pro
ceeding or Inquiry before Courts or other tri
bunals, or providing for or changing methods
for the collection ol debts or enforcing ol
judgments; regulating fees of otllce: affecting
the estates of minors, or others under disabil
ities, except after notice lo all parties in Into
rest,WhtCh shall be recited in Die special Act;
remitting lines, penalties or forfeitures, or re
funding of moneys legally paid intothe treas
ury; regulating labor, trade, mining or man
ufacturing; creating corporations,or amend
ing, renewing or extending their charters;
grunting to any corporation, association or
person any special or exclusive privilege ar
Immunity, or the right to make a railroad.
Sec. 31 No Act shall be passed giving extra
or additional pay, or relief, or coinpensa, lon,
to any public officer, servant, employee or
agent of, or contract under, this Male, or any
department tberenf.or of or under any county
or city in this State.
Skc. 32. No Act shall extend the term of
uny public officer, or increase or diminish his
salary or emoluments, after his election or
appointment.
SKC. BS. No act of the Legislature shall limit
the amount to be recovered for Injuries result
ing in death.or for injuries lo persons or prop
erty. In cases of death from injuries received
by or through the carelessness, negligence or
willful misconduct of any person or corpora
tion, the rlgbl of action shall survive, and the
Legislature shall prescribe by and for whose
benefit such shall be prosecuted. I'ntil tha
Legislature shall so prescribe, such right ol
action shall survive to and may be prosecu
ted by the personal representatives of the de
ceased. No Act shall prescribe any limita
tions of lime within which suits may be
brought against corporations for Injuries to
persons or property, or for other causes differ
ent from those tixed by general laws regula
ting actions against natural persons.
skc. S4. No State office shall be continued
or created tor the inspection or measurement
of any merchandise, or manufacture, or com
modify; but the Legislature may, by general
law, provide for such inspection and measure
ment by municipal or county officers.
SKC.36, the Legislature shall pass no stat
ute agreeing to pay, or providing for the pay
ment from the State treasury, or by any mu
nicipal corporation, of any bonds or other ob
ligation of any person or corporation, or to
provide for the payment of any interest on
such bonds or obligation; and shall pass no
statute loaning or authorizing the loan of the
credit of the St*te, or any musicipal corpora
tion, to any person or corporation.
Skc. 36. The Legislature shall never grant,
or authorize extra compensation, feeer allow
ance to any public officer, agent, servant or
contractor, after service has been rendered or
contract made, nor authorize the payment of
any claim or part thereof hereatter created
against the State, under any agreement or
contract made without express authority of
law-ami all such unauthorised agreements
shall be null and void, provided this section
shall not extend to and prevent appropria
tions for expenditures incurred in suppress
ing Insurrectrou or repelling invasion.
Skc. 87. The Legislature shall have uo pow
er to release or extinguish, in whole or in
part, the Indebtedness, liability, or obliga
tion of any corporation or individual to this
State, or to any municipal corporation
therein.
Bsc. 38. The Legislature shall protect by
statute, from force sale, a certain portion of
the homestead und other property of all heads
of families.
Skc. 39. The Legislature shall by statute
protect the wages of labor, provide for Hens
of mechanics and laborers, and fer the ex
emption of a reasonable amount of property
from execution and forced sale.
Sec. 40. Any statute concerning corpora
tions may at any time be altered, amended,
or repealed, and all corporations shall, if re
quired by statute, conform to any such alien
ation or amendment, or be dissolved by such
repeal.
Skc. 4). The Legislature shall not puss any
statute under which any corporation for
hanking purposes shall be established; but
associations and corporations may be formed
, under general laws for the deposit and loan
of gold and silver; but no such association or
corporation shall make, issue, or put in cir
culation, any bill, check, certificate, ticket
promlsory note, or other paper, or the paper
of any bank, to circulate as money; and the
Legislature shall prohibit by law the crea
tion of paper to circulate as money.
Skc. 42. The term "corporation," as used lv
this Constitution, shall be construed to in
clude all associations and joint stock compa
nies having any of the powers or privileges of
corporations not possessed by individuals or
partnerships. All corporations shall have
the right to sue and be subject to action in
all Courts in like cases as natural persons.
Skc. 43. When the Legislature is convened
in special session by proclimatlon of the Gov
ernor, there shall be no legislation on sub
jects not designated in sucli proclimatlon.
Skc . 44. Tho presiding officer of each House
sholl, in the presence of the House over
which he presides, sign bills and joint resolu
tions passed In such House, Immediately af
ter the titles ot such bills have been publicly
read. The fact of signing shall be entered in
the Journal.
Skc. 45. Neither House, without the consent
of the other, shall adjourn for more tliun
three days, nor to any other place than that
in which they may be sitting. In case of a
disagreement between the two Houses Willi
respect to tbe time of adjournment, the Gov
ernor shall have power to adjourn the Legis
lature to such time as he may think propei;
provided, It be not beyond the time fixed for
the meeting of the next legislature.
Sec. 40. No money shall be drawn from or
paid out of the Tresury of State, except It be
pursuant to and in accordance with a specific
appropriation for a particular purpose made
by statute, and then only on warrants drawn
by the proper afflcer; and no appropriation
shall be mude for more than two years.
Skc. 47. All generul appropriation bills
shall be sent to the Governor for his signa
ture, at least ten days before the close of the
session.
Sec. 48. The Governor, Lieutenant Govern
or, Secretary of State, Controller, Treasurer,
Attorney General, Surveyor General, super
intendent of Public Instruction, the Justices
of the Supreme Court, the District Judges,
shall be liable to Impeachment lor misde
meanor in ofhce. All other officers under
ibis Constitution may be tried by Jury, on in
dictment for mitdemeonor in office, and if
convicted, be removed from office and dis
qualified from holding any office of honor or
profit.
-figjr 40. The Assembly shall have the sole
/power ol impeachment, and all impeach
ment* shall be tried by the Senate. Each
Senator, at the time the Senate shall resolve
Itself into a Court of Impeachment, shall
swear (or affirm i that he will do impartial
justice between the accuser and the accused,
uninfluenced by party feeling. No person
shall be convicted on such Impeachment
without the concurrence of two thirds of the
Senators elected, and the Judgment on con
viction shull extend only to removal from
office and disqualification to hold office there
after. A majority of Ihe Senators elect may
affix the penalty, but such judgment on Im
peachment shall not be a bar to Indictment
for the same offense
Skc. 50. No Senator or member of the As
sembly shall be elected or appxiuted to any
civil office of profit ln this State during the
term for which he shall have been elected, or
lor one year thereafter, which office shall
have been created, or the emoluments of
which shall have been increased during his
term of office.
Sec. 51. Any member of the Legislature who
shull solicit, demand, receive, or consent to
receive/directly or indirectly, lor himself or
for another, from any company, corporation
or person, any money, office, appointment,
employment, testimonial, reward, thing of
value,"enjoyment, or of psrsonul advantage,
or promis thereof, or the Influence of anot her
to obtain for himself any office of honor or
profit, for his vote or offielul influence, or for
withholding the same, or with an under
standing, express or Implied, that his vote or
official action shull be in any way influenced
thereby, or who shall solicit or demand any
such money or other advantage, matter, or
thing aforesaid for another as the considera
tion of his vote or official influence, or for
withholding the same, or shall give or with
hold his vote or influence in consideration of
the payment or promise of such money, ad
vantage, matt er, or thing to another,.shall be
held gulltv »•( bribery within the meaning of
this Constitution and the Penal Code, and
shall incur the penalties provided ln such
Code, and be subject to such further punish
ment as shall be provided by statute.
Sec. 52. Any person who shall directly or
Indirectly offer, give or promise any money,
thing of value, testimonial, privilege or per
sonal advantage to any officer, legislative,
executive, or judicial, to Influence him in the
performance of any of his public or official
duties, shall be deemed guilty of bribery, and
punished as provided by statute.
SKC. 53. The offense of corrupting of the
Legislature, or of public officers of this State,
orof any municipal division thereof, and any
occupation or practice of solicitation of such
member or officers, to influence their offl
end art inn, shall he defined bjr law. ami
shall he punished by Hue and imprison
ment. , i,i,.
BSC ->4. \ne person nine be compelled te
testify In any lawful investigation orjuqicial
nroceedliuj against nny person who may he
charged with having commuted the ottense
of bribery or corrupt soliellanon, and shall
nol be perm it led to withhold his testimony
upon the ground thai il may criminate
himself or subject him to public ii-.fa
mv but such testimony shall not be used
against him In un> judicial proceeding, ex
cept for perjury in giving sucli testimony:
und any person convicted m either « the of
fenses aforesaid, shall, as purl of the punish
ment thereof, be disqualified from holding
any office of honor or profit in this State".
SKC. lift, The Legislature shall not act upon
any amendment proposed to the Constitution
of ihe United States, until at least one gener
al elect lon intervene between the time such
amendment is proposed and the time ol ac
tion thereon. .„
Amend Article V of this constitution to
reail as follows:
ARTICLE V.
KXKe UTIVK lIKI'AItTMKNT.
section 1. The Executive Department ot
this State shall consist of a Governor, Lieu
tenant Governor, Secret ury of State, Con
troller, Treasurer, Attorney General, Survey
or General, nnd Superintendent of Public In
struction, who shall each be independent of
the other, and have and exercise the powers
prescribed for him in this Constitution and
dv statutes.
SKC. 2. The Governor snail be elected by
the qualified electors of the State, at the gen
eral election in the year sightecn hundred
and seventy-nine, aud every four years there
after.
Skc. 3. No person shall be eligible to the of
flcc of Governor who is not over the age of
twenty-five years, and who has not been a
citizen of the United States and a resident ol
the State, for four years next preceding his
election.
Bsc. 4. Tbe Governor shall hold bis office
during four years from the first Tuesday af
ter the first Monday In January next ensuing
his election, and shall not be eligible to the
office for the next succeeelieg term.
Skc 5. The returns of every election for
Governor shall lie sealed up, indorsed "Elec
tion returns lor Governor," and by the County
Clerks of the different counties be transmit
ted to the Secretary of State, who shall
safely keep the same unopened, and deliver
thenitothe Speaker of the Assembly. The
Speakershall, in the presence of both Houses
of the Legislature, on the day next after the
organization of both Houses, open such re
turns and publish them. The person having
the highest number of votes shall be liov
ernor; but in case any two or more have an
equal, and the highest number of votes, the
Legislature shall, by joint vots of both Rous,
es, choose one of said persons for Governor.
Sec. 6. The Governor-: ia II beCotnn, uder
in-Chief of the Army, Navy and Ml'i'ta of
this State, except when they are called into
actual service of the fined Slates.
Sec. 7. The Governor shall transact •II ex
ecutive business with the officers ol the Fed
eral Government and with Governors of
other States. He shall see that the laws are
faithfully executed, and he may require infor
mation in writing from all other executive
officers of this State upon any subject relat
ing to the business of their respective offices.
Sec. H. When any State executive office
(other than Governor or Lieutenant Gover
nor) shall become vacant, the Governor shall
fill such vacancy for tbe unexpired term by
appointment; and il a vacancy occur in any
Judicial omce in this State, other than Justice
of the I'eace, tbe Governor shall fill such va
cancy by appointment, on prescribed ln Art.
VI. of this Constitution. In other cases the
Legislature may provide, by statute, for fill
ing vacancies in office, and if no sucli provis
ion shall exist, and a vacancy occur, the
Governor shall fill the same by appoiutraont
for the unexpired term. The Governor shall
report to the Senate ull appointments for
State offices and all appointments to Judicial
offices, for its confirmation, at lhe earliest
practicable time, and if tbe Senate shall re
fuse to confirm such appointment, v vacancy
shall then occur, tube tilled as provided in
this section.
sec. 9. The Governor may.on extraordinaty
occasions, convene the Legislature in special
session by proclamation.whleh proclamation
shall designete the subject upon which legis
lation Is deslreel.
Sec. 10. The Governor shall communicate
by message to the Legislature at every session
the condition of the State, und from time to
time recommend to Its consideration such
measures as he may deem expedient.
Sec. 11. The Governor shall have power to
re-mlt fines and forfeitures imposed as a pun
ishment for crimes, to grant reprieves, e*e>m
mutations of sentences and pardons, except
in eiases of impeachment and cases of dis
qualification from holding office, or enjoying
the right of suffrage, declared by this Consti
tution us a punishment for Dime, But no par
don shall be granted.or sentence commuted,
except upon the ree-ommendatiou, In writing,
of the Lieutenant • Governor, Secretary of
State and Attorney-General, or a majority of
them, after full Hearing, upon eluc public no
tice of time and place; and such recommen
dations, and the reasons therefor, shall be
filed in the office of the Secretary of Stare.
Sec. 12. There shall be a seal of this State
kept ln the office of the Secretary of state, to
be used by him and the Governor to authen
ticate papers and documents issued by them,
oreither of them, to be called "The Great
Seal of the State of California;" and all grants
and commissions shall be in the name and
by the authority of the people of tho State of
California, sealed with said seal, signed by
the Governor and countersigned by the Secre
tary of State.
Sec. 13. In cuse of the impeachment of the
Governo.*,or his removal from office, death,
inability to discharge the powers and duties
of suhl office, resignation, or absence from the
State, the power and duties of the office shall
devolve upon the Lieutenant-Governor tor
the residue of the term, or until the disability
shall cease. But when the Governor shall,
with tho consent of the Legislature, be out of
the State in time of war, at the head of any
military force thereof, he shall continue com
mander-in-chief of all lhe military forces of
the State., not in the actual service of the
United States.
Skc. 14. Every bill which shall have passeil
both Houses shall be presented to the Gover
nor: If he approve, he shull sign it: but if lie
shall not approve, he shall return It, with his
objections, to the House iv which it (hall
have originated, which House shall enter the
objections at large upon their Journal, and
proceed to reconsider It. If, after such recon
sideration, two thirds of all the membe «
elected to that House shall agree lo pass the
bill, It shall be sent with the object ion-to the.
other House, by which, likewise, it shall be
reconsidered, and If approved by two thirds
of ull the members elected to that House, it
shall be a law: but in sue:h cases the votes ot
both Houses shall lie determined by yeas and
nays, and the names of the members veiling
for and against tho bill shall be entcctlou
the Journals of both Houses, respectively, li
any bill shall not he returned by the tiove,.
nor within ten days after It shall have been
presented to him, the same shall be a law In
like manner as if he had signed it, unless tho
Legislature, by their adjournment, by limitu
slon, or otherwise, prevent its return.in which
case it shall be a law, unless he shall fllo the
same, with his objections, In the offlge of the
Secretary of State, and give notice thereof, by
public proclamation, within thirty days after
such aeijourament.
Skc. 15. The Governor shall have powor to
disapprove of any item or items of any bill
making appropriations of money, embracing
distinct items, and the part or parts of (he
bill approved shall be the law, and the Item
or items of appropriation disapproved shall
be void, unless repasscel according to the
rules and limitations prescribed for the pas
sage of other bills over the executive veto.
8K(. 16. The Lieutenant Governor, Treas
urer, and Attorney General, shall each have
the same qualifications as t lie Governor, each
shull be elected at the same time and places,
and their terms of office shall lie the same us
that of the Governor.
skc. 17. The Controller, Secretary ol'State,
Surveyor General, aud Superintendent of
Public Instruction, shall each have the same
qualifications us the Governor, und shall be
elected at the general election in the year
eighteen hundred and eighty-one, and every
four years thereafter.
SEi'. 18. Each of the officers mentioned In
the preceding section shall hold his office du
ring four years from the first Tuesday atler
the first Monday in January next ensuing al
ter his election.
Skc. 19. The Lieutenant Governor shall be
President of the Senate, but shall only have
a vote therein when the Senate is equally di
vided, and he shall perform such oilier duties
as may be prescribed by statute. In case ol
the death, conviction or impeachment, ab
sence from tbe State, failure to qualify, resig
nation,or other disability of the Governor,
the powers, duties, obligations, nnd emolu
ments of the office for flic remainder of the
term, or until the disability be removed,
shall devolve on the Lieutenant Governor.
Skc. 20. In case of a vacancy ln the office ol
Lieutenant Governor, by his death, assump
tion of the office of Governor, conviction on
Impeachment, or from any other cause, tbe
powers, duties, and emoluments thereof for
ihe remainder of the term, oi until the disa
bility be removed, shall devolve upon the
President pro tempore of the Senate; and the
President pro tempore of the Senate Shall in
like manlier become Governor ir a vacancy or
disability shall occur in theofflce of Governor
while be Ik acting Lieutenant Governor, but
bis scat in the Senate shall become vacant
whenever he shall become tiovernor.
Skc. 21. The Secretary of State shall keep a
record of all official acts of the Governor, pre
serve the archives and papers pertaining to
the office of Governor anil the Legislature, and
■ball perform such other duties as may be
prescribed by statute
ski . 22. The emoluments of all Stale offi
cers shall be fixed prlorto the election to such
office, and such emoluments shall not be In
creased or diminished during such term, nor
shall any additional pay be allowed .'or addi
tional services required of such off.cer.
Amend Article VI of said Constitution to
rend as follws:
ARTICLE VL
.trmciAi. dkpautmknt.
SKC. I. The Judicial power of t liisSiate shall
he v.stcd in a Supreme Court, District Courts,
CoUr's of J net ices Of the Peace, and In such
municipal Courts as shall be established by
statute 1 for cities, or consolidated cities ana
counties. .
skc. 2. The Supreme Court -.bull e-onsist or
a Chief Justice and six Associate Jus'iees.
The presence of four Justices shall be neces
sary for the trausactiem of business in I miri,
ami the concurrence of four Justices shall be
necessary to pronounce a judgment.
sec. 3.' The Justices of the Supreme' mji
shall be elected by the qualified electors ol lb
State at the general election nexl sltci Hi
adoption ol these amendment-, run I 'eh
shall take his seal on the first Tuesday nf»r
the first Mouduy in January liexl Hflei l| s
election. The full term of M Justice "t ihe
Supreme Court Is fourteen >»-nis. Al the
meeting of such Justices on Ihe Said Tuesday
next after the first Monday of January, they
shall so classify themselves by lot that the
term or one' Justice shall expire every twei
years, and his successor shall be elected al Ihe
general election next preceding I tie expiral ion
of such term. . .
Sec. 1. At the election lor .lustices ol the
Supreme Court next after Ihe adoption ot
these amendments, no elector shall vote ior
more than four persons lor Justice's ol the su
preme Court.
Sec, 5. If s vacancy occur in the office ol
Justice of the Supreme Court from otUercauses
than the expiration of a full term, tbe Guv
ernor shall fill such vacancy b) appointment
and the appointee shall hold uuiil the elec
tion and qualification of his -ueccssor At
tbe next iteiieral election after snob vacancy
it shall be tilled by election,and he person so
elected shall hold office from the tlrst Tuesday
after the first Monday in Janutnv ne-xt ensu
ing until the expiration of the unexpired
term.
Sec, G. No Justice appointed or elected Ml
till an unexpired term shall bn t hiet Justice.
The Justice not so appointed or elected hav
ing the shortest term to serve, si,all be Chief
Justice.
Sec. 7. Tbe jurisdiction Of tin- Supreme
Court is oft wo kinds;
1. Original; and,
2. Appellate.
Skc. 8. The original Jurisdiction of the su
preme Court extends to the Issuance of writs
of mandate, review, prohibition, end habeas
corpus.
Sec. 9. The appellate Jurisdiction of the
Supreme Court extends:
L To all civil cases and special proceedings
uilslng In the District Courts;
2. To all criminal actions amounting to
felony;
;i. To the issuance of all writs necessary to
the exercise of Its appellate Jurbxticlion; »ud,
4. To such other cases and proceedings as
the Legislature may by generul statute pre
scribe.
Skc. 10. Each county is a Judicial District
District Judges shall be elected by the quali
fied electors of their respective districts, at Ibe
general election next after the adoption of
these amendments, and shall bold their re
spective offices lor tbe term of -ix years, ,-uid
until their successors shall be elected and
qualified.
Sec. 11. If a vacancy OOOUr in the-office vi
District Judge from causes otic r than the ex
piration of a full term, the Sovei nor shall Mil
sucli vacancy by appointment, anil lhe ap
pointee! shall hold until the elect ion and qual
ification of his successor. Al ihe next gen
eral election after such vacancy it shall be
filled by election, and the person so elected
shall hold office from the Tuesday after the
first Monday In January next ensuing, for Hit
term of six years.
Skc. 12. Every county,containing less than
twenty thousand inhabitants snull elect one
District Judge; counties containing more than
twenty thousand inhabitants may elect such
further number of District Judges as shall be
prescribed by statute, not exceeding one- for
every twenty thousand inhabitants and one
for such fraction as shall exceed ten thous
and.
Ski. 18, In districts where there shall be
more than one District Judge, s presiding
Judge shall be elected by lot, who shall dis
tribute the labor to be performed by euch.
Sec. 14. Each District Court shall beheld
by one District Judge; and when two or more
Judges are selecteil for one county. Courts
shall be held separate, but the Judgments and
orders of each shall be entered and enforced,
us of the District Court of such county.
Sec. 15. The jurisdiction of District Courts
Is of two kinds:
1. Appellate; and,
2. original.
Sec. 16. The appellate jurisdiction of the
District Courts extend:
1. To all cases arising in Justices' Courts;
2. To such cases aud proceedings arising in
Municipal Courts as the Legislature may pre
scribe.
Sec. 17. The original jurisdiction of District
Courts extend:
L To all civil actions for relief formerly
given in Courts of equity;
2. To all civil actions in which the subject
of litigation is not capable of pecuniary esti
mation ;
3. To all civil actions in which ihesub|ect
of litigation Is capable of pecuniary estima
tion, which involve the title or possession of
real estate, or the legality of any tax, Impost,
assessment, foil, or municipal line, or in
which the demand, exclusive of interest, or
the value of the property ln controversy
amounts to three hundred dollars;
4. To actions to prevent or abate a nuisance;
5. To actions of forcible entry and detainer;
(i. To proceedings iv insolvency;
7. To probate cases and proceed i|igs;
8. Te> all other special proceedings;
9. To tinpuring, by the interseqlion of a
Grand Jury,of ull public offenses committed
or triable within the el Ist i lei;
If). To the trial of all hid a.-tments;
11. To such other cases ,ud proceedings us
Hie Legislature may pre-cribe.
BBC. 18. The Legislature hall determine the
number of Justices of the I'eace to be electeet
in each city and township of the -state, and
Ilx by law their powers, duties ami responsi
lulities; but such powers shall not, in auy
case, trench upon the Jurisdiction ■>( the sev
er*! Courts ot record. The Supreme Court,
and District Courts, and such Other Courts as
the Legislature shall prescribe.shnl he Courts
of record.
Sec. 19. Thcjurlsdictlon of municipal Courts
established by statuto for cities, anil consoli
dated cities and counties, shall extend only
to the trial of misdemeanors, ami to the In ■ I
of cases arising under ordinances of such
cities, or cities and counties.
skc. 20. The Legislature shall provide for
the election of a Clerk of the Supreme Court,
of County Clerks, District Attorneys, sheriffs,
and other necessury officers, and shall fix by
law their duties and compensation-. County
Clerks shall he ex-offlcio Clerks ot the Courts
ofree;ord in and for their respective couutiu*.
Tiie Legislature may also provide for the ap
pointment, by the several Courts of record, of
one or more Commissioners, with authority
to perform Chamber business, and also to
take depositions, ami to perform such other
business conneoted with the administration
of Justice as may be prescribed by statute.
Skc. 21. The time and place of holding the
terms of the Supreme Court shall b ■ provided
for by statute. The District Courts shall al
ways be open for the transaction ot business.
Skc. 22. No judicial officer, except Justices
of the Peace, and Commissioner-, shall re
ceive to his own use auy fees or perquisites of
office.
ski 1 . 23. The Legislature shall provide for
lhe speedy publication of such opinions of the
supreme Court as it may deem expedient;
and all opinions shall be free for publication
by any person.
Skc. 24. The Justices of the Sujaeiiio Court
unci District Judges shall severalty ,at stated
times during lheir continuance in nfflce,re
ceive for their services out of the siaielreas
ury a compensation which shall not be In
creased or diminished after their elcctlos,or
during the term for which they -null have
been elected.
Sec. 25. The Justices of tho Supn me Court
and ltie District. .lunges shall be ineligible to
any other office than a Judicial office during
the term for which they shall have been
elected, and shall, before entering upon then
off ces, In addition to the oath of oiflce, take
and subscribe an oath that they will not, dur
ing such term, accept any Federal office.
sec. 26. Judges shall not charge juries with
res peel to matters of feet, but they may stute
the testimony and declare the law.
skc 27. The style of all process shall be
"The People ot the state of California," and
all prosecutions shall be conducted |n their
inline and by their authority.
ski . 28. The Supreme Court now in exist
ence is continued until the lii-i Monday in
January, eighteen hundred and seventy-nine;
but afterthe first Monday in January .eighteen
hundred and seventy-eight, its power shall
only extend to the determination of such
oases or proceedings pending therein as may
have been submitted Ibr decision prior lo that
time,
■SO, 29. The Justices of suid Court in com
mission at the time these amendments take
effect may hold their offices us Justices there
of until the tlrst Monday in January .eighteen
hundred am' seventy-nine.
Skc. ;)0. If ai / Justice of said Court is elect
eel a Justice of the Su/reme Court created hy
this Article, his office as a Justice of the Su
preme Court now in existence shall be?come>
vacant on the first Monday in January,eight
een hundred and seventy-eight, and the Gov
ernor shull, by appointment, fill the vacancy.
Article VIII is amended to read as follows:
ARTICLE VIII.
TAXATION AND VINANCK.
Ski tion 1. Taxation shall be equal and uni
form upon the same class of subjects within
the territorial limits of the authority levying
the tax, and tt xes shall be levied and col
lected under generul laws. All property sub
ject to taxation shall be listed for that purpose
at its cash vi'lue.to lie ascertained as provided
by statute. VII things, and choses in action,
subject to e> nership, saie, devise,descent,dis
ribution or assignment, shall be deemed
property, for purposes Of taxation. Property
owned by the United States, by this State, or
by a municipal corporation under the laws of
this State-, shall be exempt from taxation.
Skc. 2. The present bonded debt of the State
Is rulld, and the Legislature shall provide by
-statute for the payment thereof.
Skc. ;i. Tbe Legislature shall nol, in any
manner, create any debt or debts, liability or
liabilities, which shall singly, e>r In the aggre
gate, with all previous debts and liabilities,
exceed the sum of three hundred thousand
dollars, except In case of war, to repel inva
sion or suppress insurrection, or for the- pur
poses of carrying out a general system of irn
gatum, or to provide the means of payment,
if it becomes necessary to condemn to the use
of the State the railroads within Its limits.
Skc. 4. The Governor, Controller
and Yrjasurer shall, jointly, during
the first week after the organization
of the Legislature, exhibit to the As
sembly detailed estimates of the sums
of money necessary to be raised and
expended during the two years next
after the first day of July of that year.
Sec. 5. The Controller shall deter
mine, and publish, when the limit of
the public debt, allowed by this Con
stitution, has been reached, and all
other or further obligations of the
State shall be void.
Sec. G. Neither the credit of the
State, nor of any municipal corpora-
I tion authorized under the laws there
| of, shall be pledged or loaned to any
individual, company, corporation or
association; nor shall the State,or any
municipal corporation, become a joint
owner of or a stockholder in any com
pany, association or corporation; nor
siiail the State, or any municipal cor
poration, become bound to pay any
bond, or interest on any bonel,or other
obligation, of any individual, associa
tion or corporation; and no county, or
other municipal corporation under the
laws of this State, shall incur any ob
ligation to raise money for the con
struction of any work not exclusively
under the contiol of public offloers.
Sec. 7. The Legislature must, by
statute, provide for a State Board of
Equalization, and fix its powers and
duties.
Amend suid Constitution by insert
ing therein a new Article, to be known
as Article IX, and to read as follows:
ARTICLE IX.
NCNICTPAL CORPORATIONS.
Section 1. Municipal corporations
under the laws of this State are:
1. Counties;
2. Cities; and,
3. Consolidated cities aud counties.
Sec. 2. The Legislature shall estab
lish a system of county ami city gov
ernments, which shall be as nearly
uniform as practicable.
Skc. 3. The boundaries of counties
shall be established by statute, and no
statute shall be passed changing a
county boundary until it be shown to
the Legislature that a notice was pub
lished in some newspaper of general
circulation in the counties to be affect
e".l by such change,at least thirty days
before the last general election,stating
that application would be made to the
Legislature for such change.
Sec. 4. The compensation of county
officers shall be regulated by law. Sal
aries of county officers and pay allowed
by law shall not be increased or di
minished during the time for which
they shall be elected.
Sec. 5. The Legislature shall pro
vide by statute for a strict accounta
bility of all county, township and city
officers for all public moneys coming
into their hands.
Sec. 6. Township officers are Jus
tices of the Peace and Constables, and
each shall have such power and be
subject to such duties and obligations
as are prescribed in this, Constitution
or by statute.
Sec. 7. The Legislature shall pro
vide by statute for such offices as may
be necessary in administering tbe af
fairs of sohool districts, road districts,
swamp land districts,or other division
created by statute.
Sec. 8. Cities with charters already
given shall remain such under their
present charters, subject to amend
ment, or shall become incorporate
under general laws.
Sec. 9. No debt shall be incurred by
any Municipal corporation, except in
pursuance of an order or ordinance
previous y made therefor, by tbe mu
nicipal authorities, which order or
ordinance shall provide for the pay
ment thereof.
Sec. 10. Private property shall not
be liable to be taken or sold for the
payment of the corporate debts of a
municipal corporation.
Sec. 11. The Legislature may vest
the corporate authorities of cities,
or consolidated cities and counties,
with power to make local improve
ments, by special assessment of by
special taxation of contiguous prop
erty, or otherwise. For all other cor
porate purposes, all municipal corpor
ations may be vested with authority
to assess and collect taxes; but such
taxes shall be uniform, in respect to
persons and property, within the ju
risdiction of the body imposing the
same.
Amend said Constitution by insert
ing therein a new Article,to be known
as Article X, and to read as follows:
ARTICLE X.
PRIVATE CORPORATIONS.
Section 1. Corporations may be
formed under general laws, but shall
not be crested by special Act. All
general laws passed pursuant to this
section may be altered from time to
time or repealed.
Sec. l\ Each stockholder shall be
individually and personally liable for
his proportion of all elclits and liabili
ties of a corporation created or incur
red while he remains such stock
holder.
Sec. 3. The exercise ol the right of
eminent domain shall never be
abridged, or so construed as to prevent
the Legislature from taking the prop
erty and franchises of corporations
and subjecting them to public use, the
same as the property of individuals;
and the exercise of the police power of
the State shall never be abridged, or
so construed as to permit corporations
to conduct their business in such man
ner as to infringe the equal rights of
individuals or the general well-being
of the State.
Sec. 4. In all elections for directors
or managers of a corporation, each
member or shareholder may cast the
whole number of his votes for one
candidate, or distribute them upon
two or more candidates, as he may
prefer.
Sec. 5. No corporation shall engage
in any business other than that ex
pressly authorized in its charter; nor
shall it take or hold any real estate,
except such as may be necessary and
proper for its legitimate business.
Sec. 6. No corporation shall issue
stocks or bonds except for money, la
bor done or property actually received;
and all fictitious increase of stock or
indebtedness shall be void. The stock
of corporations shall not be increased,
except in pursuance «>!" general law,
nor without the consent of the persons j
holding the two thirds in value of the ]
stock, first obtained at n meeting to be
held after sixty days' notice given in
pursuance of law.
Sec. 7. No railroad or telegraph
company shall consolidate with or
hold an interest In the stock or bonds
of any other railroad or telegraph
company, nor shall the same persons
be officers in corporations owning
OOmpeting lines of railroads or tele
graphs.
Sec. 8. No railroad or telegraph
company shall lease, or in any man
ner manage or control the railroad or
telegraph line of another company.
Sec. 9. All individuals, associations
and corporations shall have equal
right to have persons arid property
transported over railroads; and no un
due or unreasonable discrimination
■ball be made in charges for, or in fa- ,
cilities for transportation of freight or j
passengers within the State or coming j
from or going to any other State.
Persons and property transported over :
any railroad shall be delivered at any |
station, at charges not exceeding the
charges for transportation of persons
and property of the same class in the
same direction to auy more distant
station; but excursion and commuta
tion tickets may be issued at special
rates.
Sec. 10. The Legislature shall pass
statttes to correct abuses and prevent
unjust discrimination and extortion
in the rates of freights and fares on
the railroads in the State, aud provide
for the enforcement of such statutes
by adeejuate penalties, to the extent,
it necessary for that purpose, of for
feiture of property and franchises.
Sec. 11. Every railroad corporation
organized in this State shall maintain
an office tl r ein where transfers of its
stock sha. be made and where its
books shall be kept for inspection by
any stockholder or creditor of such cor
poration, in which books shall be re
corded the amount of capital stock
subscribed or paid in, and by whom,
the names of the owners of its stock,
and the amounts owned by them, re
spectively, the transfers of said stock,
and the names and places of residence
of its officers.
Sec. 12. All railroads shall be public
highways, and all railroad companies
shall be common carriers. Any cor
porations organized for the purpose,
shall have the right to construct and
operate a railroad between any points
within this State, and to connect at
the State line with railroads in any
other States. Every railroad company
shall have the right with its road to
intersect, connet with, or cross any
other railroad; and shall receive and
transport each other's passengers,
tonnage and cars, loaded or empty,
without delay or discrimination, In
such manner as may be prescribed by
general statute.
Sec. 13. No President, Director, of
ficer or employe of any railroad com
fiany shall be interested, directly or
indirectly, in the furnishing of mate
rial or supplies to such company, or in
the business of transportation as a
common carrier of freight or passen
gers over the works owned leased, con
trolled or worked by such company.
Sec. 14. No railroad, railway or
other transportation company, shall
grant free passes, or passes at a dis
count, to auy public officers.
Sec. 15. No foreign corporation
shall do any business in this State
without having one or more known
places of business, and an authorized
agent or agents in the same, upon
whom process may be served.
Amend Article IX of the present
Constitution by making it Article XI,
and to read as follows:
ARTICLE XL
education.
Section 1. The Legislature shall
provide for the maintenance and sup
port of a thorough and efficient sys
tem of public schools, wherein all the
children within the State may be edu
cated.
Sec. 2. All public moneys raised for
school purposes, all moneys, lands and
other property, which have heretofore
or shall hereafter come to the State
for school purposes, and the proceeds,
rents, issues and profits of such lands
and other property, shall be appropri
ated exclusively to the support of the
common school system of this State.
Sec. 3. The Legislature shall take
measures for the protection, improve
ment or other disposition of sucli lands
as have been or may hereafter be re
served or granted by the United States
or any person or persons to this State
for the use of a University; and the
funds accruing from the rents or sale
of such landß,or from any other source
for the purpose aforesaid, shall be and
remain a permanent fund, the interest
on which shall be applied to the sup-
Eort of said Uuivetsity, with such
ranches as tbe public convenience
may demand, for the promotion of
literature, the arts, and sciences, as
may be authorized by the terms of
such grant. And the Legislature
shall,as soon as may be, provide effect
ual means for tiie improvement and
permanent security of the funds of
Mid University.
ARTICLE XII.
Amend Article Xof the present Con
stitution by making it Article XII,
and amend section one thereof to read
as follows:
Skc. 1. Any amendment or amend
ments to this Constitution may be pro
posed in the Senate or Assembly, and
if the same are agreed to by a majority
of the members elected to each of the
two Houses, such proposed amend
ment or amendments shall be entered
on their Journals, with the ayes and
noes taken thereon, and shall be pub
lished for three months before the next
general election. In his proclamation
calling such election, the Governor
shall submit such proposed amend
ments to the qualified electors of the
State for adoption or rejection, and if
a majority of the votes cast shall be
for the adoption of such amendment
or amendments, it oi they shall be
come part of this Constitution.
Amend said Constitution by insert
ing therein anew Article, to be known
as Article XIII, and to read as fol
lows:
ARTICLE XIII.
MLSCELLANEOUS PROVISIONS.
Sec. 1. Any citizen of this State
who shall, after the adoption of this
Constitution, fight a duel with deadly
weapons, or send or accept a challenge
to light a eluel with deadly weapons,
either within this St-ate or out of it, or
who shall act a.s second, or knowingly
aid or assist in any manner those thus
offending, shall not be allowed to hold
any office of profit, or to enjoy the
right of suffrage under this Constitu
tion.
Sec. 2. Members of the Legislature,
and all officers, executive and judicial,
except such inferior officers as may be
by law exempted, shall, before they
enter on the duties of their respective
offices, take- and subscribe the follow
ing oath or affirmation:
•* 1 do solemnly swear (or aJßrm, as the case
may be-, thatl will support tbe Constitution
Of the United states and the Constitution of
' the state of California, and that I Will faith-
I fully dfsobsige tbe duties of the office or
according ie> ihe best of my ability."
And no other oatb, declaration or
' test, shall be reejuirtMi as a qualifica
i tion for any office or public trust.
[ Sec. !L All officers whose election or
' appointment is not provided for by
this Constitution, and all officers
' whose office may hereafter be created
jby law, shall be elected by the people,
lor appointed, as the Legislature may
direct.
Skc. 4. Xo person shall be elected or
! appointed to, or hold any office crea
i ted by this Constitution, who is not an
elector and resident of this State. No
person shall beelccteel or appointed to,
or hold any district, county, or local
i office created by this Constitution,
| unless lie is an elector and resident of
i the district, county, or other political
division for which he is elected or ap
i pointed. And every judicial officer
must reside at the place where the
sessions of the Court of which he is a
member is held.
Sec. r >. When the duration of any
i office is not provided for by this con
stitution, it may be declared by law;
and if not so declared, such office shall
be held during the pleasure of the au
thority making the appointment; nor
shall the duration of any office fixed
by this Constitution ever exceed four
years.
Sec. 6. The fiscal year shall coni
menee on the first day of July.
Sec. 7. tOaoh county, city, and in
corporated town, shall make provision
for the support of its own officers, sub
ject to such restrictions and regula
tions as the Legislature may pre
scribe.
Sec. 8. Suits may be brought
against the State in such manner and
in such Courts as shall be directed by
law.
Sec. JX The seat of government shall
not be removed from Sacramento ex
cept by operation of a statute enacted
for that purpose and ratified by a ma
jority of the votes cast at the next gen
eral election after the passage of such
statute.
Sec. 10. All property, both real and
personal, of the wife, owned or claim
ed by her before marriage, and that
acquired afterward by gift, device, or
descent, shall be her separate property,
and laws shall be passed more clearly
defining the rights of the wife, in rela
tion as well to her separate property
as to that held in common with her
husband. Laws shall also be passed
providing for the registration of the
wife's separate property.
Sec. 11. No contract of marriage, if
otherwise duly made, shall be invali
dated for want eif conformity to the re
quirements of any religious sect.
Sec. 12. No perpetuities shall be al
lowed except for eleemosynary pur
poses.
Sec. 13. Every person shall be dis
qualified from holding any office of
Krofit in this State who shall have
een convicted of having given or of
fered a bribe to procure his election or
appointment.
Sec. 14. No person holding a lucra
tive office under the United States, or
any other power, shall be eligible to
any office of honor, trust or profit iv
this State; but officers in the militia
who receive no annual salary, and lo
cal officers and Postmasters whose
compensation eloes not exceed five
hundred dollars per annum shall not
be deemed persons holding lucrative
offices.
Sk».'. 10. Laws shall be made to ex
clude from office, serving on juries,
and from the right of suffrage, those,
who shall hereafter be convicted of bri
bery, perjury, forgery, or other high
ciimes. The privilege of free suffrage
shall be supported by laws regulating
elections, and prohibiting, under ade
quate penalties, all undue influence
thereon from power, bribery, tumult,
or other improper practice.
Sec. 16. Absence from this State, on
business of the State or of the United
States, shall not affect the ejuestlon of'
residence of any person.
Sec. 17. If these amendments are
approved and ratified by the people,
the Legislature of which the members.^
of the Assembly m c elected at the gen
eral election In the year eighteen hun
dred and seventy-seven, shall meet on
the first Monday in l)ecember,eighteen
hundred and seventy-seven.
Sec. 18. The Legislature, at its first
session, or as soon as may be after the
adoption of this Constitution, shall
pass such laws as may be necessary to
carry the same iuto full force and ef
fect.
Sec. 19. All persons in office in this
State, at the time of the adoption of
these amendments, shall hold their
respective offices until the term for
which they have been elected or ap
pointed shall expire, and until their
successor shall be duly qualified, un
less otherwise provided in this Consti
tution.
Sec. 20. At the general election next
after the adoption of these amend
ments there shall be elected, in the
city and county of San Francisco, sev
en Judges of the District Court of said
city and county.
Sec. 21. The Legislature at the first
session after the adoption and ra dura
tion of these amendments, shall fix
and determine the compensation of
the Justices of the Supreme Court,
aud the Judges of the several Judicial
Districts of the State, and provisions
of section twenty-four of Article Six,
shall not be deemed inconsistent here
with.
Sec. 22. All existing Courts shall
continue iv existence until the first
Tuesday after the first Monday in Jan
uary, eighteen hundred and seventy
eight, without abridgment of their
present jurisdiction and powers.
Sec. 23. All actions and proceedings
pending iv the District, County and
Probate Courts of the several counties
of this State, and in the Municipal
Criminal Courts of San Francisco, on
the first Tuesday after the first Mon
day in January, eighteen hundred
and seventy-eight, shall be transfer
red to and tried and determined in the
District Court of the county in which
such actions or proceedings are pend
ing.
Sec. 24. All actions or proceedings
pending and undetermined in the Su
preme Court now in existence, on the
first Monday in January, eighteen
hundred and seventy-nine, must be
transferred for determination to the
Supremo Court created by these
amendments.
Sec. 25. All rights, prosecutions,
claims and contracts existing, and all
laws in force at the time of the adop
tion of these amendments, and not in
consistent therewith, until altered or
repealed by the Legislature, shall con
tinue as if these amendments had not
been adopted.
Sec. 26. In all laws which shall be
in force on the Tuesday after
the first Monday in January,
eighteen hundred and seventy
eight, in which the words " Probate
Court," "Probate Judge," "County
Court," "County Judge," "Municipal
Criminal Court of San Francisco" and
"Judge of the Municipal Criminal
Court of San Francisco" appear, such
words shall have the same effect as
if written "District Court" and
" Judge of the District Court," respect
ively. jesw3m
ANNOUNCEMENTS.
FOR COUNTY TAX COLLECTOR.
HORACE BUBDICK
Announces himself as a candidate for theof
lice of Tax Collector of Los Angeles county a l
the ensuing election in September. je2 UI
FOR SHERIFF.
11. M. MITCHELL
Announces himself us a candidate for the of
fice of Sheriff*of Los Angeles county at Ihe
coining election. ,|e2td
FOR COUNTY TREASURER.
EDWARD A. PRETJSN
Is a candidate for County Treasurer at the up
pronchlng election. myll
FOR COUNT tf AUDITOR.
C . W. GOULD
Announces himself as a candidal •■ for County
Auditor at the ensuing election. myH td| J
FOR COUNTY RECORDER,
,T . W. GILLETTE,
(PRESENT INCUMBENT)
Desires a second term only. myl
FOR ROAD COMMISSIONER.
J. 14 . STUMP
Announces himself as v candidate for the of
fice of Road Commissioner at the ensuiug
i-l.c i ion, sublect to th(! decision of the people.
my 22 UI
FOR CONSTABLE.
E. 11. MELLUS
Wiir be a candidate tor Constable of Los An
geles Township at the ensuing county tlec
tion. myiSt-td
FOR COUNTY SCHOOL SUPERINTEND
ENT.
GEO. H. I>ECM
(PRESENT INCUMBENT),
Will be a candidate for re-election, my 27
This Is a sure cure for
Screw Worm. Scab and Foot Rot
IN SHEEP.
Il also kills TICKS, LICE, and all PARA
SITES that infest Sheep.
Prevents scratching and greatly improves
tho quality of the wool. One gallon of tbe
Dip properly diluted with water, will be suffi
cient to dip one hundred sheep, so that I In
cest of dipping is a mere trifle, and sheep own
ers will find that they are amply repaid by
the Improved health of their flocks.
This Dip is guaranteed to cure when used
according lo directions, und to be vastly supe
rior to Corrosive Sublimate, Sulphur.Tobacco,
and other remedies which have heretofore
been used by farmers.
Circulars sent, postpaid, upon application,
giving full directions for its use; also certifi
cates of prominent sheep-growers who have
used large quantities of the Dip and pronounce
It the most effective and reliable known cure
and preventive of the Scab and other kindred
diseases In sheep mr 23 10l 3m